Some suggestions in respect of National Fisheries Legislation

Some suggestions in respect of National Fisheries Legislation Long title: A law to regulate fishing and other related activities in the Exclusive Economic Zone and matters pertaining thereto. Preamble: A brief summary of the objectives of the Legislation as set out in the Statement of Objects and Reasons might be incorporated in a preamble where it is considered appropriate. PART I PRELIMINARY Section 1- Short title and commencement (1) This act may be cited as the (Exclusive Economic Zone) Fisheries Act of. (2) It shall come into force on such date as the Government (Ministry) may appoint by notification in the official gazette. Section 2 - Definitions In this Act, unless the context otherwise requires: - a) authorised officer- means any fisheries officer; any police Officer not below the rank of, any customs officer, any commissioned officer of the armed forces or any other officer authorised by the Director-General to perform any duties or functions under the provisions of this Act or any regulations made thereunder, and for the purpose only of enforcing the provisions of this Act or any regulations made thereunder, any health inspector appointed under the Public Health Act; b) Closed season - refers to the period during which fishing is prohibited in a specified area or areas in the fisheries waters, or to the period during which the catching of specified species of fish or the use of specified fishing gears to catch fish is prohibited; c) Director-General-means the officer appointed by the Government/ Minister under Section of the Act and shall include a Deputy Director General. d) Exclusive Economic Zone-means the exclusive economic zone of as declared in Act. No. Proclamation/Notification dated. e) fish-means fish or shell fish of any description found in marine or fresh waters and their young or fry or eggs or spawn and includes crucstaceans, acquatic molluses, holothurians, sea weed, coral and other acquatic life, but does not include marine mammals and birds. f) fishery- (i) means one or more stocks of fish that can be treated as a unit for the purposes of conservation and management; (ii) and any fishing for such stocks; g) fishing- (i) means fishing for catching, taking or harvesting of fish; (ii) engaging in any activity relating to the taking of any fish, including (interalia) any activity involving the preparation, supply, storage, refrigeration, transportation or processing any fish; h) fishing vessel-means any vessel, boat, ship or any other craft which is used for, equipped to be used for, or of a type which is normally used for (i) fishing; or (ii) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including but not limited to,

preparation, supply, storage, refrigeration, transportation or processing, but does not include any vessel used for the transportation of fish or fish products as part of a general cargo; i) fisheries waters- means the area of the sea extending upto 200 nautical miles measured from the appropriate bas6lines; foreign fishing vessel- means any fishing vessel other than a vessel registered in k) licensing authority-means the officer authorised under this Act to issue licences or permits; 1) master-in relation to a fishing vessel, means the person for the time being having command or charge of the vessel; m) Minister-means the Minister for the time being responsible for the administration of this Act; n) owner- in relation to a fishing vessel, includes any body of persons, whether incorporated or not, by whom the vessel is owned and any charterer, sub-charterer, lessee or sub-lessee of the vessel; o) processing- in relation to fish, includes cleaning, filleting, icing, freezing, canning, salting, smoking, cooking, picking, drying or otherwise preserving or preparing fish by any method: p) processing establishment- means any premises or vessel on or in which any fish are processesd or stored, but shall not include any hotel, restaurant or eating house, or any premises where fish are prepared or stored for sale by retail to the public; q) take-in relation to fish, includes; i) to take, catch, kill, attract or pursue by any means or device for trading or manufacturing purposes; and ii) to attempt to do any act specified in sub-paragraph (i) of this definition; r) territorial waters-means the territorial waters of as defined in Act or in Proclamation/Notification dated. Section 3 - Territorial application This act applies to the territories of and the areas of the sea extending upto 200 nautical miles from the baselines from which the territorial seas are measured as more fully set out in Schedule I and hereinafter referred to as "Fisheries waters". PART II FISHERIES POLICY AND PLANNING Section 4- Declaration of fisheries policy The Government (Minister) may from time to time formulate and declare the policy of the State concerning fishing and other related activities in the fisheries waters including the extent of such activities by foreign vessels and fishermen with a view to ensure the conservation, rational management and optimum utilization of the fishery resources and to promote and accelerate the integrated development of a national fishing industry. Section 5- Preparation of a plan The Government (Minister) may authorize the preparation of a plan for the purpose of development, conservation and management of the fishery resources which, inter alia, may provide for: - a) Identification of the resources and preparation of an estimate, in so far as practicable, of the potential average annual yields and an estimate of the total annual catch that may be permitted for each species of fish.

b) Identification of the areas and zones in which fishing activities may be permitted including areas or zones reserved exclusively for local fishermen. c) Specification of the conservation and management measures to be taken for the protection of fishery resources against harmful acts and over exploitation. d) Specification of measures to promote utilization of the fishery resources to conform to national development policies and programmes. e) Assessment of the existing and future potential of the local fishing activities and specification of measures to be taken to promote the accelerated growth and development of a national fishery industry with a view to enable optimum utilization of the fishery resources through national efforts. f) Formulation of a scheme or schemes to provide for fiscal and other incentives for the development of the national fishing industry. g) Measures for development of infrastructure, processing and marketing of fish and fish products. Section 6- Foreign Fishing The Government (Minister) may from time to time determine the extent to which foreign fishing activities would be permitted in the fisheries waters taking into account, as far as practicable, the fishery resources, the needs of local fishermen and national fishing industries, regional or sub-regional arrangement, international treaties and Conventions in force and other relevant factors including assistance rendered or to be rendered by foreign fishing enterprises in the development of national fishing industry. Section 7- Regional or Sub-Regional Co-operation The Government (Minister) may with a view to ensuring the closest practicable harmonization or coordination of their respective fisheries management and development programme enter into consultations with the Governments of neighbouring States of the region, especially the States which share the same or inter-related stocks. Such consultations may include exchange of data or carrying on of joint surveys and other activities for assessment of stocks and their protection. Section 8 - International Agreements The Government (Minister) may promote the negotiation and conclusion of bilateral or multilateral agreements relating to fishing rights and development of fisheries and related other matters. PART III ADMINISTRATION Section 9 - Appointment of Officers (1) The Government (Minister) may appoint a Director General for fisheries and such other officers as may be deemed necessary for carrying out the purposes of this Act. (2) The Director General shall be responsible to the Minister for supervision, management and development of fisheries and the implementation of this Act. (3) The Director General may with the approval of the Minister assign to officers appointed in pursuance of this section such specific powers and duties exercisable under this Act as may be determined from time to time.

Section 10- Fisheries Development Authority The Government (Minister) may, if deemed fit, establish a Fisheries Development Authority for the purposes inter alia of implementing the State policy or programme in regard to development of national fisheries industry. Section 11- National Fisheries Development and Coordination Council (1) The Government (Minister) may by notification constitute a National Fisheries Development and Co-ordination Council composed of members, at least of whom shall be drawn from fisherman's organisations and the commercial fisheries sector. (2) The Council may invite such other person as it may think fit to attend its meetings in a technical advisory capacity or to take part in its deliberations on any particular item of business under consideration. (3) The functions of the Council shall be to advise the Government (Minister) on all matters relating to the development, conservation and management of fisheries and in particular on the coordiantion of activities of governmental agencies and other bodies. PART IV DEVELOPMENT CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES Section 12- Measures for Development. Conservation and Management of Fisheries (1) The Director General shall in consultation with the National Fishery Development and Coordination Council and such other authorities as may be deemed appropriate, promote the development, conservation and rational management of the resources of the fisheries waters. (2) The management, conservation and development measures shall conform as far as practicable to the national standards of fishery conservation and management as may be laid down from time to time and the criteria that may be prescribed in the plan prepared under Section 5, taking into account the basic principles set out hereinafter, namely: - a) Conservation and management measures shall be so taken as to achieve the optimum yield from each fishery and to prevent over exploitation of the resources. b) To the extent practicable an individual stock of fish shall be managed as a unit throughout its range and inter-related stocks of fish shall be managed as a unit or in close coordination. c) Conservation of stock through prevention of harmful acts. Section 13- Research and Dissemination of Information With a view to facilitate effective measures for development, management and conservation of the fishery resources, the Director General shall encourage:- a) The conduct or co-ordination of research and survey activities in the fisheries waters and in relation to the stocks. b) Dissemination of information concerning stocks, migratory habits of fish, fishing methods and other related matters. Section 14 The Director General shall cause to be maintained appropriate registers and catch statistics which shall be furnished by all persons licensed to fish within the fisheries waters. Such statistics shall include particulars about species, size, weight and age of fish caught as also the quantity of catch and the time

spent during each fishing operation. The Director General shall also have custody of all records pertaining to resource activities carried on in the fisheries waters. Section 14A- Development and Aqua-culture The Director General shall promote the development of aqua-culture through appropriate means. PART V DEVELOPMENT OF NATIONAL FISHING INDUSTRY Section 15- (1) The Government (Minister) shall in consultation with the Fisheries Development Authority, the National Fisheries Development and Co-ordination Council and such other Government Departments, bodies or institutions, as may be considered appropriate, promulgate measures for development of a national fisheries industry and other related industries including vessel construction and repair, manufacture of fishing gear, processing, storage, transport and marketing. (2) The measures taken under the preceeding sub-section may include: - a) Provision of financial and other incentives to local fishermen including credit facilities; b) Provision of technical assistance including maintenance of experimental and demonstration centres and fish breeding stations; c) Ensuring availability of vessels, fishing gear and other necessary implements of trade; d) Dissemination of information and training to local fishermen; e) Provision of adequate infrastructure including port and landing facilities, storage, collection centres and transportation; f) Promotion of co-operative societies and joint stock companies for undertaking fisheries activities including deep sea fishing; g) Promotion of schemes for guarantees and insurance; h) Development of markets for fish and fish products; and i) Development of fish meal and fertiliser industries. Section 16-Fisheries Loan and Development Fund (1) The Government (Minister) may establish a Fisheries Loan and Development Fund with a view to assist the growth and development of the national fishing industry. (2) The Government (Minister) shall promulgate regulations concerning administration of such fund including the criteria on which assistance from the fund may be made available. Section 17-Joint Ventures The Government (Minister) may authorize entering into joint venture arrangements where appropriate with a view to speedy development of the local fisheries industry and such other arrangements providing for joint participation in fishing to facilitate effective transfer of technology and training of local personnel. PART VI GRANT OF LICENCES Section 18-Application of this part

The provisions of this part shall apply to all fishing licences and vessel permits other than those to which the provisions of Part VII apply. Section 19-Fishing Licences and Vessel Permits (1) No person other than those falling within the exempted categories shall engage in fishing or other related activities except under a valid fishing licence and vessel permit and in accordance with the terms and conditions thereof. (2) The Government (Minister) may from time to time by regulations or rules made under this Act, prescribe the guidelines concerning g rant, renewal, suspension, cancellation and transferability of fishing licences and vessel permits including the terms and conditions subject to which such licences or permits may be issued and the class or classes of cases where exemption from the requirement of obtaining licences or permits may be granted. Section 20-Application for Licences and Permits Application for fishing licences and vessel permits shall be made in the prescribed form to the licensing authority designated in respect of the area or zone in which the fishing operations are sought to be carried out. Section 21-Power to grant or renew Licences or Permits (1) The licensing authority shall in determining the question of grant or renewal of the fishing licences conform to the provisions of this Act, the regulations or rules made thereunder and the Fisheries Management and Conservaton Plan, if any: (2) The Licensing Authority shall in exercising his powers under the preceeding sub-section give due preference to local fishermen who have been habitually fishing in the area or the zone and co-operative societies of local fishermen. Section 22-Terms and Conditions of Licences and Permits Any fishing licence or vessel permit shall be subject to such terms and conditions as may be prescribed in this Act, the regulations or rules made thereunder and such other terms and conditions which may be endorsed upon such licence or permit by the licensing authority. Section 23-Variations of the Terms and Conditions of Licence The licensing authority shall have power to vary the terms and conditions of the licence or the permit where he is satisfied that it is necessary or expedient so to do for the proper regulation of fishing within the area or the zone. Provided that due notice of such variations shall be given to the holder of the licence or permit. Section 24-Power of Suspension and Cancellation The licensing authority shall have power to suspend or cancel the licence or permit for breach of the provisions of this Act or the rules and regulations made thereunder or the terms and conditions of the licence or permit. Provided however that before an order is made under this section an opportunity of being heard be given. Section 25-Appeals

Any person aggrieved by an order made by the licensing authority under this part may prefer an appeal to the Director General within a period of thirty days and the decision of the Director General thereon shall be final. Section 25A- Any person acting in contravention of Section 19 of this Act shall be liable to a fine not exceeding PART VII FOREIGN FISHING Section 26-Entry of Foreign Vessels into Fisheries Waters (1) No foreign fishing vessel shall enter the fisheries waters unless so authorized under a permit issued pursuant to the provisions contained in this part and in accordance with the terms and conditions thereof. (2) The provisions or the preceeding sub-section shall not apply to a vessel entering the fishery waters for the sole purpose of innocent passage or by reason of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress or for any other purpose directly connected with the safety of navigation. Provided however that the vessel entering the fisheries waters for such a purpose shall carry its fishing gear in stowed position and conform to such regulations as may be made under this Act relating thereto. Section 27-Fishing by Foreign Fishing Vessels in Fisheries Waters No foreign fishing vessel shall take fish or attempt to or prepare to take fish, or transfer fish to or receive fish from any vessel within the fisheries waters, except under a permit issued under the provisions of this part and in accordance with the terms and conditions thereof. Section 28-Issue of Permits The Director General may open the written application made for the purpose in the prescribed form issue a permit in respect of any foreign fishing vessel authorizing it to enter the fisheries water or a specified area or zone thereof and to engage in one or more of the following activities: - a) fishing activities within the waters; b) loading, unloading or transshipment of fish and supplies; c) processing fish and fish products; d) utilizing port facilities; e) research and resource survey; and f) any other activity which the Director General may deem fit to allow. Section 29-Exercise of Power by the Director General The Director General shall in considering the application for a permit by a foreign fishing vessel take into account the policy guidelines laid down by the Government (Minister), the conservation and management plans, H any, and such other matters as may be deemed relevant including the following: -

a) the total allowable catch in the fishery zone or area and the portion allocated thereof for foreign fishing; b) the previous fishing activities which the applicant had carried on in the fishery waters; C) the contribution of the applicant or the State of his nationality in fisheries research, identification of fish stocks and in the conservation, management and development of fishery research, fishery resources within the zone; d) the assistance provided by the applicant or the State of his nationality in the training of local personnel and the transfer of technology to the local fishing industry; and e) the terms and relevant bilateral or multilateral agreements in force. Section 30-Conditions of Permit (1) Any permit issued under the preceding section shall be valid for such period or time as may be specified therein and shall be subject to the provisions of this Act, the rules and regulations made thereunder and the terms and conditions endorsed on the permit. (2) The terms and conditions subject to which the permit is issued may include interalia the following: - a) the fees, royalties, charges or any other payments; b) specification of areas in which fishing is authorized; c) the seasons, times and particular voyages during which fishing is permitted; d) the species, size, age and quantities of fish that may be taken; e) the methods by which fish may be caught; f) the types and size of fishing gear that may be used or carried and the modes of storage of gear when not in use; g) the use, transfer, transhipment, landing and processing of fish taken; h) statistical and other information required to be given by the fishing vessel to the Director General, including statistics relating to catch and reports relating to the positions of the vessels; i) the conduct by the fishing vessel of specified programmes of fisheries research; j) the display on board the vessel of the licence issued in respect of it; k) the marking of the vessel and other means for its identification; 1) entry of the vessel to ports, whether for the inspection of its catch or for other purposes; m) compliance with the directions, instructions or other requirements given or made by warships, Government ships or aircraft; n) the placing of observers on the vessel and the reimbursement of the costs thereof; o) the installation and maintenance in working order of a transponder or other equipment for the fixing of the vessel's positions or its identification and of adequate navigational equipment to enable it to fix its positions itself; p) the carriage on board the vessel of specified nautical charts; and q) the compensation payable to citizens or to the Government in the event of any loss or damage caused by the vessel to other fishing vessels or their gear or catch or to fish stocks. Section 31-Training of Local Personnel The Director General may require foreign fishing vessels to undertake training of local personnel in the method of fishing, processing and other related activities.

Section 32-Securlty and Appointment of Local Agents The Director General may require a foreign fishing vessel in respect of which a permit has been issued to provide adequate security for due performance of its obligations and to appoint a local agent. Section 32A Notwithstanding anything contained in the provisions of this part, vessel permits or licences to be issued in pursuance of a bilateral treaty of agreement with a foreign state shall be in conformity with provisions of such treaty or agreement in regard to the procedures to be followed for the issue of permit or licence as also the terms and conditions, on which such permit or licence is issued. PART VIII PROHIBITED ACTS Section 33- Fishing with Explosives, Poisons or other Prohibited Methods (1) No person shall: - a) use or attempt to use any explosive, poison or any other noxious substance for the purpose of killing, stunning, disabling or catching fish or use any method which may endanger the stock or render such fish more easily caught; or b) use or attempt to use any apparatus utilizing an electric current, generated by any means whatsoever to catch, stun or kill fish. (2) No person shall carry or have in his possession or control any explosives, poison or other noxious substance or apparatus fitted for or capable of utilizing current, with the intention of using such explosive, poison or other noxious substance or apparatus for carrying out any of the prohibited acts referred to in the preceding sub-section. (3) Any explosive, poison or other noxious substance or apparatus found on board any vessel shall be presumed, unless the contrary is proved, to be intended for such use. (4) Any person who acts in contravention of provisions of this section shall be punishable (with imprisonment which may extend upto one year) or a fine upto a maximum of or both. Section 34- Possession of Prohibited Gear. etc. Any person who uses for fishing or possess or has on board any Fishing vessel: - a) any fishing net, the mesh size of which is less than the minimum mesh size for the type of net prescribed in any regulation made under this Act; or b) any other net fishing gear or fishing appliance prohibited under any regulations made under this Act; shall be punishable with a fine upto a maximum of Section 35- Any person who lands, sells, receives or is found in possession of any fish, knowing or having reasonable cause to believe them to have been taken in contravention of the provisions of the preceding section shall be liable to a fine not exceeding. Section 36- Prohibition of Importation or Exportation of Fish or Fishery/Aquatic Products.

No person shall import or export any fish or fishery/aquatic product, whether adult or young, fry or fish eggs, for propagation or for any other purpose, without a permit obtained for the purpose and payment of inspection and other fees. PART IX ENFORCEMENT Section 37- Powers of Authorized Officers to stop, board and inspect, etc. For the purpose of ensuring compliance with the provisions of this Act, any authorized officer may:- a) stop and board any fishing vessel within the fisheries waters, other than a foreign fishing vessel outside such waters and make any examination and enquiry concerning that vessel, its equipment, fishing gear, crew or fish carried on board that vessel; b) stop and inspect within the fisheries waters any vessel or vehicle transporting fish; c) require to be produced and examine any fishing gear or fishing appliance whether at sea or on land; d) examine any fishing stakes; e) require to be produced, examine and take copies of any licence, permit, certificate or other document required under this Act or any regulations made thereunder. Section 38-Powers of Hot Pursuit, Entry, Seizure and Arrest (1) Any authorized officer, where he has reasonable ground to believe that an offence has been committed against the provisions of this Act or any regulation made thereunder, may: - a) Stop, board and search any foreign fishing vessel outside the fisheries waters, where he has reason to believe that the offence was committed by such vessel and pursuit to the vessel was commenced, within the fisheries waters and bring such vessel and its crew within those waters; Provided that: i) where the vessel is pursued into waters falling withing the Territorial sea (or Exclusive Economic zone) of another State, the pursuit and exercise of enforcement powers is permitted by the terms of any treaty in force, regional or sub-regional arrangements. b) enter any premises not used exclusively as a dwelling house, in which he has reason to believe that an offence has been committed, or fish taken in contravention of such provision are being stored and search such premises; c) take samples of any fish found in any vessel or velicle inspected or any premises searched under the provisions of this Act; d) arrest any person whom he has reason to believe has committed such offence; e) seize any vessel (including its fishing gear, furniture, appurtenances, stores and cargo), vehicle, fishing gear or fishing appliance which he has reason to believe has been used in the commission of such offence, or in relation to which the offence has been committed; f) seize any fish which he has reason to believe have been caught in the commission of such offence or are possessed in contravention of Section 35; g) seize any explosive, poison or other noxious substance or apparatus which he has reason to believe have been used or possessed in contrvention of Section 33.

(2) A written receipt shall be given for any article or thing seized under sub-section (1) and the grounds for such seizure shall be stated in such receipt. (3) Any person arrested under the provision of this section shall be produced before a Court within twenty-four hours of the arrest if made on land or within twenty-four hours of the arrested person being brought ashore where the arrest has been made at sea. (4) Any vessel seized under sub-section (1) and the crew thereof shall be taken to the nearest or most convenient port and dealt with in accordance with the provisions of this Act. Section 39-Fish and other perishable Articles seized may be sold Any fish or other articles of a periahsble nature seized under the provisions of Section 38 may, with the approval of the Director General be sold, and the proceeds of sale s ' hall be held and dealt with in accordance with the provisions of this Act. Section 40-Obstruction of Authorized Officers Any person who: a) wilfully obstructs any authorized officer in the exercise of any of the powers conferrd on him by this Act; or b) fails to comply with any lawful order or request made by any authorized officer for information connected with any investigation or enquiry under this Act; shall be punishable in accordance with the provision of this Act. Section 41-identification of Authorized Officers (1) An authorized officer whilst exercising any of his powers or duties under this Act, shall, on demand, produce to any person who may be directly concerned, such identification papers or written authorisation as may be reasonably sufficient to establish his identity. (2) It shall not be an offence for any person to refuse to comply with any reqest, demand or order made by any authorized officer, if such officer refuses or fails on demand being made by such person to produce the requisite identification papers or written authorisation. Section 42-Non-Ilability of Authorized Officers No action shall be brought against any authorized officer in respect of anything done or omitted to be done by him in go6d faith in the execution of his powers and duties under this Act. PART X OFFENCES, PENALTIES AND LEGAL PROCEEDINGS Section 43-Offences against the Act or Regulations (1) Any person who fails to comply with the provisions of this Act or any regulations or rules made thereunder or acts in contravention thereof shall be liable to be punished under this Act. (2) If no specific penalty has been provided for the particular offence, the person convicted of such offence shall be liable to a fine not exceeding [or to a term of imprisonment which may extend upto a period of or to both.] Section 44-Wilful Damage to Fishing Vessels, etc Any person who causes damage to any fishing vessel, fishing stakes, fishing gear, net or other fishing appliance in the ownership or possession of another person, either wilfully or through gross negligence,

shall be liable to a fine not exceeding (or to imprisonment for a term not exceeding a period of or to both.] Section 45-Destroying Incriminating Evidence Any person who destroys or abandons any fish, fishing gear, net or other fishing appliance, explosive, poison or other noxious substance or any other object or thing with intent to avoid their seizure or the detection of an offence against this Act or any regulations made thereunder, shall be liable to a fine not exceeding [or to imprisonment for a term which may extend upto or to both.] Section 46-Master liable for Offance committed on his Vessel When an offence against this Act or any regulations made thereunder has been committed by any person on board a fishing vessel, the master of such vessel shall also be liable for such offence. Section 47-Companies and partnerships Where any offence against this Act or any regulations made thereunder has been committed by a company or by any member of a partnership, firm or business, every Director or Principal Officer of that Company directly connected with the activity or any other member of the partnership on the person concerned with the management of such firm or business shall be liable for such offence unless he proves to the satisfaction of the Court: a) that he used the diligence to secure compliance with this Act; or b) that such offence was committed without his knowledge, consent or connivance. Section 48-Compounding of offences The Director General may, at any stage of the proceeding, compound any offence against this Act or any regulations made thereunder for a sum of money not less than one-fourth of the maximum fine provided for such offence. Section 49-Forefelture of Vessels. etc. (1) Any vessel, fishing gear, net or other fishing appliance, fish or the proceeds of sale of fish, explosive, poison or other noxious substance or other article or thing seized under the provisions of this Act shall be held pending the outcome of the prosecution in a Court of law. Provided, however, that the Court may order the release of any fishing vessel, fishing gear, net or other fishing appliance so seized upon furnishing of a bond or other security to the satisfaction of the Court by any person claiming such property. (2) If the owner of the property cannot be found and by reason thereof a prosecution cannot be launched, the property seized shall be held for a period of one month at the end of which it shall be deemed forfeited unless a claim is received to such property within the aforesaid period. (3) Upon receipt of such claim the Director General shall refer the matter to the competent Court for adjudication and the property shall be held pending the conclusion of such proceeding. Provided however that the Court shall have power to order the release of the property upon furnishing a bond or other security by the person claiming such property. Section 50-Power of Court to Order Forfeiture

Where any person is convicted of an offence against this Act or any regulations made thereunder, or where the Court, on 'referral of any claim under Section 49, finds that such an offence has been committed, the Court, in addition to any other penalty that may be imposed:- a) may order that any fishing vessel (including its' fishing gear, furniture, appurtenances, stores and all cargo), fishing gear, net, or other fishing appliance used in the commission of such offence be forfeited and that any licence or permit issued under this Act or any regulations made thereunder be suspended for such period of time as the Court may think fit, or be cancelled; and b) shall order that any fish caught in the commission of such offence or the proceeds of sale of any such fish, any explosive, poison or other noxious substance used in the commission of such offence, any fishing net or other fishing gear or fishing appliance possessed or carried on board any fishing vessel in contravention of Section 33 be forfeited; and c) shall order, in the case of any offence against Section 34 that any fishing gear, net or other fishing appliance carried on board the offending vessel, be forfeited. Section 51-Second or Subsequent Offence In the case of any second or subsequent offence against this Act or any regulation made thereunder:- i) the maximum penalty to be imposed may extend upto twice the limit of the fine [or imprisonment] as prescribed for that offence under the Act; and ii) where the offence relates to a violation of Sections 33 and 34 of the Act, the Court shall order, the forfeiture of the offending vessel (including its fishing gear, furniture, appurtenances, stores and all cargo) unless it considers that circumstances do not so justify. Section 52-Disposal of things declared Forfeited Any vessel (including its fishing gear, furniture, appurtenances, stores and all cargo), fishing gear, net or other fishing appliance, explosive, poison or other noxious substance, and any fish or the proceeds of sale of fish deemed or ordered forfeited under 49, 50 or 51 shall be disposed of in such manner as the Director General may think fit. Section 53-Return of seized Vessel, etc. if no Forfeiture Ordered Where the proceedings in respect of an offence have resulted in an acquittal or where the seized fishing vessel or goods or any proceeds realized from a sale thereof are not ordered to be forfeited, the vessel or the goods shall be returned and the proceeds shall be paid to the owner or to the person from whom the fishing vessel or goods were taken; Provided that in the c--se of conviction where a fine has been imposed the vessel or the goods may be detained until the fine is paid, or be sold in satisfaction of or towards realisation of the fine. Section 54-Presumption and Proof of Cause of death, etc. of Fish (1) All fish found on board any fishing vessel which has been used in the commission of an offence against this Act or any regulations made thereunder shall, unless the contrary is proved, be presumed to have been caught in the commission of such offence. (2) In any prosecution where the cause of death, stunning, disabling or other injury to any fish is in question, a certificate signed by the Director General or such other officer authorized on his behalf shall be prima facie evidence in any Court as to the cause of such death, stunning, disabling or other injury.

Section 55-Jurisdiction of the Courts Any offence against the provisions of this Act or the regulations made thereunder committed within the fisheries waters by any person, or any such offence committed outside such waters by any citizen of or person ordinarily resident in or by any person on board any local fishing vessel, shall be triable in a Court having territorial jurisdiction at the place where the person accused of the offence is apprehended or the place where he is brought ashore if the arrest has been made at sea. PART XI CIVIL LIABILITY Section 56- (1) Where by reason of any Act or omission prohibited under this law, damage is caused to any person or property or the natural resources within the fisheries waters or the territory of, the owner or the operator of the vessel, device or any other structure causing such damage shall be liable, except as otherwise provided under this Act. (2) Without prejudice to the generality of the provision of subsection (1) such liability shall cause: - a) for any damage caused to a person, vessel, gear, facility or other structure used in any activities connected with the exercise of the rights of in the fisheries waters, including fishing and related activities, policing and surveillance, environmental protection and shipping; b) for any damage caused in the fisheries waters or in the territory of by contamination resulting from such act of omission and the consequent expenditure incurred on measures taken for clearing the environment of the contaminant and the effects of the contamination. Section 57- No action to enforce -a claim in respect of a liability incurred under section 56 shall be entertained by any court in unless action is commenced not later than one year after the claim arose. Section 58-Special Defences A person against whom an action is brought for damages under section 56 shall not incur any liability under that section if he proves that the damage caused: - a) was due wholly to an act or omission of another person, not being the servant or agent of the owner; or b) was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible. Section 59-Jurisdiction Any action under the provisions of Section 56 shall be maintainable in a Court having territorial jurisdiction at the place where the defendant or its agent is ordinarily resident or at the place where the offender or the offending vessel is brought to port. PART XII PROCESSING AND MARKENNG Section, 60-Marketing Regulation Schemes

(1) The Minister may, by regulation formulate schemes for marketing of fish and establishment of fish markets in a specified area or areas with a view to maintenance of supply and distribution of fish in an equitable and orderly manner. (2) Such schemes may include provisions for regulating the landing of fish in the notified area, the auctioning or other sale of fish and registration of dealers. Section 61-Processing Establishments (1) The Director General may upon application being made in the prescribed form issue to any person a Licence to operate a fish processing establishment. (2) The owner or operator who operates or causes to operate any such establishment otherwise than under and in accordance with the conditions of a valid licence shall be punishable under this Act. (3) The provisions of this section unless otherwise specified by notification by the Government (Minister) shall not apply to any fish processing establishment where fish is preserved solely by means of smoking or drying by traditional means. Section 62-Control and Regulation of Fish Processing Establishments The Minister, in consultation with the appropriate bodies or authorities responsible for public health may issue directions concerning the location, construction and operation of fish processing establishments and may require the inspection of the establishment and fish products. Any such directions may relate also to establishing quality standard methods of analysis and testing for fish and fish products. Section 63-Processor's Carrier Permit The Director General may upon application made for the purpose issue a transport permit in respect of a vessel owned or operated by any person engaged in the Processing of fish and used exclusively to transport fish to the shore processing facility specified in the permit. PART XIII GENERAL PROVISION Section 64-Power to make Regulations (1) The Government (Minister) may make regulations for the carrying out of or giving effect to the purposes and provisions of this Act. (2) Every regulation made under this Act shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the notification. (3) Every such regulation shall be laid before the Parliament/ Legislature. Section 65-Power to frame Rules The Government (Minister) may make rules for the administration of the provision of the Act and the regulations made thereunder. Such rules shall be published in the official Gazette. Section 66-Licence and Permit Registers Registers showing particulars of the licences and permits issued under the Act Shall be maintained and kept at such place or places as the Director General shall specify.

Section 67-Environment Protection Where, under the laws governing environmental protection for the time being in force, any application is made for a licence to emit, discharge or deposit wastes into any fish bearing waters, the Director General shall be consulted as to the possible effect of such emission, discharge or deposit on fish and other aquatic living resources before any such licence is granted. Section 68-Fishing for Research, Experimental, Scientific and Sporting purposes The Director General may, by order, exempt any person or vessel from all or any of the provisions of this Act or any regulations made thereunder for the purposes of fisheries research, experimentation, scientific investigations for the proper management and development of fisheries resources or sport, within the fisheries waters, subject to such conditions as the Minister, may think fit to impose. Section 69-Protection of Fishermen (1) No dery, flat or other boat whatever shall set out from any vessel engaged in deep-sea or bank fishing or be launched with hooks and lines, trawls of other similar appliances, or with intent that the same shall be used in so fishing, or with intent that the same shall be used in so fishing, or for the purpose of examining trawls, set lines or other similar appliances for fishing, unless there is placed in such boat, to be retained therein during absence from such vessel, a mariner's compass, nor unless there is placed in such boat at least two quarts of drinking water and two pounds of solid food for each man of the crew of such boat. (2) The owner of such vessel shall supply the vessel at the commencement of its voyage with as many serviceable mariner's compasses as it carries boats, in addition to the vessel's compass and also with the necessary utensils for holding water and with a serviceable fog-horn or trumpet. (3) The Coast Guard shall not grant a clearance to such vessel or allow it to go to sea unless the master thereof has a certificate from an officer authorized by the Minister to give such certificates that the vessel is properly equipped with a mariner's compass and suitable utensils for holding water for such boat carried by the vessel and with a serviceable foghorn or trumpet. Section 70-Offences by Authorized Officers Any officer employed in connection with the enforcement of this Act or any regulation made thereunder who aids, abets or connives at any violation of this Act or of any regulations made thereunder, is liable upon summary conviction to imprisonment which may extend upto a period of six months or to a fine upto a maximum of or both. Section 71-Operation of Radio Communication facilities on Board Fishing Vessels The Radio Control Office shall, upon application, issue a permit and assign a preset frequency to a qualified applicant for the installation and Operation of radio transceivers on board fishing vessels and home-based stations subject to the rules and regulations prescribed by said office and consistent with the requirements of national security. Provided, further, that Coast Guard shall be informed by the Radio Control office of the preset radio frequencies assigned to fishing vessel operators. B. Model Draft of an Agreement Relating to Foreign Fishing in the Exclusive Economic Zone/Fisheries Waters of a Coastal State and Co-operation In the Conservation and Management of the Fishery Resources Therein Explanatory Note

The Model of a Draft Umbrella Agreement concerning the fishing activities by foreign nationals in the fisheries waters and/or exclusive economic zones of a Coastal State has been prepared with a view to assist member governments in their negotiations concerning fishery activities in their exclusive economic zones by foreign fishermen. An attempt has been made to put together in this Draft certain suggestions which could form an appropriate basis for such negotiations. The background on the basis of which the preasent Draft has been prepared is that at present many developing countries have not been able to- develop an adequate fishing capacity in order to harvest the optimum catch from the fisheries resources of their Exclusive Economic Zones. In the circumstances they might consider it beneficial to-draw on the assistance and co-operation from other States in regard to -identification of resources and their exploitation as also in taking of conservation measures. It has been observed in the course of discussions in the Committee that there are certain states which had been fishing in the waters now falling withing the Exclusive Economic in this regard. Furthermore, foreign fishing in the Exclusive Economic Zones would be carried out in 'an orderly manner if the terms and conditions on which such fishing would be permitted could be regulated through bilateral agreements. Such agreements would pave the way for mutually beneficial co-operation between the Coastal State an64hose states with well developed fishing industries. In the preparation of this Model of a Draft Agreement, the rights of the Landlocked and Geographically Disadvantaged States in respect of the living resources of the Exclusive Economic Zones of coastal states of the region or sub-region have not been considered. As such this Draft Agreement is not meant to be an Agreement between the Coastal and neighbouring Landlocked and Geographically Disadvantaged States. It is envisaged that the Coastal, Landlocked and Geographically Disadvantaged States would enter into bilateral, sub-regional or regional agreements whereby the special rights of the Landlocked and Geographically Disadvantaged States would be taken into account. Model Draft of an Agreement Relating to Foreign Fishing In the Exclusive Economic Zone/Fisheries Waters of a Coastal State and Co-operation In the Conservation and Management of the Fishery Resources Therein* The Government of (hereinafter referred to as the Coastal State) and the Government of (referred to as the other State party). HAVING REGARD to the negotiations that have taken place between the two governments relating to the fishing activities of the nationals of the other State party in the waters specified herein and in the matter of co-operation between the two States for conservation and management of fishery resources therein, as also the development of the fishing industry of the Coastal State; REAFFIRMING their desire to 4develop and maintain co-operation in the field of fisheries for their mutual benefit and thereby to strengthen the close and friendly relations that exist between them and their peoples; DESIROUS of establishing the terms and conditions under which fishing vessels of the other State party may be allowed access to the fisheries in such waters and matters relating to co-operation between the two governments including the development of the fisheries sector of the Coastal State; This draft is not intended to be a model of an agreement between Coastal and neighbouring Landlocked and Geographically Disadvantaged States (see Explanatory Note). ARTICLE I* HAVE agreed as follows: -

The Coastal State will, pursuant to the provisions of this agreement, allow fishing activities within its fisheries waters/exclusive economic zone by fishing vessels and nationals of the other state party subject to its laws and regulations and/or terms and conditions as may be established on the basis of the under-standing/agreement reached between the two parties in the matter of assistance to be rendered to the Coastal State by the other State Party and its nationals in the development of the Coastal States fishing industry and co-operation in the conservation and rational utilization of the fishery resources. ARTICLE 2 The competent authorities of the States parties shall consult among themselves with a view to determining the number of vessels and their specifications (tonnage and size) permitted to operate during each year, the allocation of catch (by species if desirable), the fishing areas and other regulatory measures. ARTICLE 3 The designated agency of the other State Party shall transmit applications to the Government of the Coastal State for a permit for each fishing vessel that intends to engage in fishing in the fishery waters of the Coastal State pursuant to this agreement. Such applications shall conform to the requirements set out in the laws and regulations of the Coastal State. * *It is envisaged that there would be a memorandum which would e annexed to this agreement or a separate agreement which would incorporate the terms and conditions agreed upon between the parties in the matter of assistance to be rendered to the Coastal State by the other State and/or its nationals. Such arrangement might include provision of service of experts and periodic consultations between the appropriate government departments of the two parties in order to assist the Coastal State in building up of its fishing industry. It might be possible to include within such arrangements construction and setting up of storage and refrigeration plants, a canning industry or a processing plant for the benefit of the Coastal State fishing industry by the other State or its nationals including associations of process or bodies corporate who are permitted to fish in the fisheries waters. The assistance could also be in the matter of marketing facilities for the fishing industry of the Coastal State. Arrangements in regard to transfer of technology in processing, storage and Explanatory Note to Article 3 The particulars which are normally required to be given in applications for permits by foreign fishing entities are the following: - a) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and ARTICLE 4 1. The Coastal State upon being satisfied about the technical feasibility of the fishing activities Proposed to be carried on and the suitability of the vessel for the purpose shall issue a permit specifying the terms and conditions upon which the permit is issued. * (2. The Coastal State shall communicate to the other state party the reasons in the event of an application being refused.) ARTICLE 5 Subject to the availability of facilities the Coastal State shall allow the fishing vessels which have been granted permits to enter designated port6 in accordance with its laws, regulations and administrative instructions for the purpose of purchasing bait, supplies or outfits or effecting repairs or such other purpose directly connected with the fishing activities of the vessel as may be determined by the Government of the Coastal State.